NAIROBI: Former Government Pathologist Moses Njue who highlighted the cause of death of Olympic gold medallist Samwel Wanjiru is expected in court tomorrow to shed more light on his evidence.
A Nairobi court directed that he be recalled after the wife of the late Wanjiru, Trizah Njeri, made an application through his lawyer Ndegwa Wahome seeking to have the doctor cross-examined.
Mr Ndegwa told the court that his client was not given a chance to cross-examine the pathologist on some of the details of his evidence.
He said he was not in court on Tuesday when the pathologist released a report which he termed biased.
"The evidence that Dr Njue gave is crucial and sensitive and need to be cross-examined failure to which the judgment will be biased," he said.
Prosecutor Eddie Kadebe did not oppose the application but also requested the court that he be allowed to cross-examine the doctor as well.
"I also request the court to pardon me if I am not able to recall the doctor by Friday (tomorrow) as he may be conducting other duties," he added.
The prosecution also raised the concern over some witnesses who are making comments on the media about the pathologist's report.
They cited the incidence where Wanjiru's wife claimed that the pathologist's evidence was biased, on a national television on Tuesday.
The court ordered all the witnesses to stop making comments about the inquest before it is over as this will interfere with the proceedings.
Nairobi Chief Magistrate Hannah Ndung'u warned that anyone who will make such comments will be charged with contempt of court.
Ms Ndung'u said if the pathologist will not be available tomorrow, other witnesses are free to testify.
The pathologist appeared in court on Tuesday where he explained the circumstances that led to Wanjiru's death at his Nyahururu home.
Njue told the court that he was convinced that the deceased was hit by another person after he fell from the balcony of his house.
He added that he doubted the fall from the balcony - estimated to be 14-feet - would have been fatal alone, even without the evidence of head trauma.The pathologist claimed Wanjiru's minimal fatal falling distance would have been 16 feet.
"The height from which Wanjiru fell was not enough, scientifically, to generate the momentum to kill him," Njue said.